H.R. 5 - Parents Bill of Rights Act

Bill Text

    Rules Committee Print 118-2 PDF

    Showing the text of H.R. 5, as ordered reported by the Committee on Education and the Workforce.

      Text of H.R. 5 PDF

      (as reported)

      H. Rept. 118-9 PDF

      Report from the Committee on Education and the Workforce to accompany H.R. 5

      Rule Information

      COMMITTEE ACTION:
      REPORTED BY A RECORD VOTE of 9-3 on Wednesday, March 22, 2023.

      MANAGERS: Houchin/Scanlon

      1. Structured rule for H.R. 5.
      2. Provides two hours of general debate equally divided and controlled by the chair and ranking minority member of the Education and the Workforce or their respective designees.
      3. Waives all points of order against consideration of the bill.
      4. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 118-2 shall be considered as adopted and the bill, as amended, shall be considered as read.
      5. Waives all points of order against the amendment in the nature of a substitute to H.R. 5 made in order as original text.
      6. Makes in order only those further amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
      7. Waives all points of order against the amendments printed in the report.
      8. Provides one motion to recommit.

      Amendments (click headers to sort)

      #Version #Sponsor(s)PartySummaryStatus
      1Version 2Garcia, Robert (CA)DemocratRevised Adds a prohibition against corporal punishment by school personnel at schools that receive federal funds. Does not apply to home-schooling or schools that do not receive federal funds, nor does it impact parental discipline rights.Revised
      2Version 2Fitzpatrick (PA)RepublicanRevised Amends the bill to require the Comptroller General of the United States (GAO) to submit a report to Congress on the cost of the requirements of H.R. 5 to SEAs, LEAs, and elementary and secondary schools and requires the report to also analyze and evaluate the impact of H.R. 5 on protecting parents' rights in the education of the children.Made in Order
      3Version 1Gottheimer (NJ)DemocratRevises H.R.5, the Parents Bill of Rights, to include a prohibition of TikTok on K-12 campuses nationwide.Submitted
      4Version 1Jacobs (CA)DemocratStrikes "at no cost" in the new paragraph (1)(A) of section 1112(e) of the ESEA, as added by section 104(2) of the bill.Made in Order
      5Version 1Gottheimer (NJ)DemocratRevises H.R.5, the Parents Bill of Rights, to mandate silent panic alarms in K-12 schools nationwide.Submitted
      6Version 1Jacobs (CA)DemocratStrikes the provisions relating to reviewing professional development materials in sections 104 and 202.Made in Order
      7Version 3Massie (KY), Boebert (CO), Gaetz (FL), Self (TX)RepublicanRevised Adds a sense of Congress that the authority of the Department of Education and the Secretary of Education to operate or administer any office or program related to elementary or secondary education should be terminated on or before December 31, 2023.Made in Order
      8Version 1Tenney (NY)RepublicanAdds plans to eliminate college credit courses to the list of required disclosures.Made in Order
      9Version 2Lawler (NY)RepublicanRevised Ensures this bill does not impose requirements on non-public elementary or secondary schools. Adds a sense of Congress that LEAs do not have authority over the curriculums of non-public elementary or secondary schools.Made in Order
      10Version 1Garamendi (CA), Harder (CA)DemocratRequires schools to inform parents annually of all foreign-sourced food products purchased with federal taxpayers funds under the USDA school nutrition programs and served to K-12 students. Longstanding federal law (42 U.S.C. 1760(n)) requires school food authorities to purchase domestically sourced foods.Submitted
      11Version 1Smith (NJ)RepublicanRequires that the local educational agency discloses to parents any videos or recordings of violent activity of which they are aware.Made in Order
      12Version 2Self (TX)RepublicanSUBSTITUTE Withdrawn Eliminates the department of education within 6 months of the date this legislation is enacted and transfers these employees to the Department of Homeland Security to be allocated between U.S. Customs and Border Protection and U.S. Citizenship and Immigration Services in the discretion of the Secretary of Homeland Security.Withdrawn
      13Version 1Steube (FL)RepublicanWithdrawn Requires schools to inform parents of ways parents can legally carry a firearm at their child's school.Withdrawn
      14Version 1Steube (FL)RepublicanWithdrawn Prohibits schools from implementing or enforcing policies that restricts the ability of an individual to carry a firearm at the school, unless that policy exists under applicable federal, state, or local law.Withdrawn
      15Version 1Beatty (OH)DemocratAdds provisions to include African-American history as components of American History and Civics Academies grants and as part of National Assessment of Educational Progress testing.Submitted
      16Version 1Grijalva (AZ), McGovern (MA)DemocratProhibits the act to be construed to allow the banning or censorship of books in public elementary or public secondary schools.Submitted
      17Version 2Miller (OH)RepublicanRevised Expands the definition of schools to include secondary career and technical schools.Made in Order
      18Version 1Frost (FL)DemocratAmends the Sense of Congress on First Amendment Rights to state that parents have a First Amendment right to express support for their children accessing best practice medical care.Submitted
      19Version 1Houlahan (PA)DemocratStrikes section IV from the bill that would condition federal funds to elementary and middle schools that require parental consent before changing gender markers and pronouns.Submitted
      20Version 1Gottheimer (NJ)DemocratWithdrawn Revises H.R.5, the Parents Bill of Rights, to include the disclosure of any books or other materials that pertain to the Holocaust or Holocaust education.Withdrawn
      21Version 1Hayes (CT), McGovern (MA)DemocratAdds a sense of Congress that students should have access to healthy, nutritious meals.Submitted
      22Version 1Landsman (OH)DemocratAmends the Act to protect school districts and school employees against litigation brought by outside groups as a result of this Act. It also creates a legal defense fund, from which school districts and employees can receive reimbursements for legal expenses and fees incurred in legal proceedings related to this Act.Submitted
      23Version 1Jacobs (CA)DemocratAmends title VI to include that the actions carried out during the Holocaust and the sentiments of antisemitism are immoral.Submitted
      24Version 1Landsman (OH)DemocratAllows for individual school districts to opt-out of compliance with the Act in order to maintain local control.Submitted
      25Version 1Landsman (OH)DemocratProvides for a fund to improve meaningful dialogue between schools and parents through increased parent-teacher programming.Submitted
      26Version 1Wilson (FL)DemocratAdds to parental rights a sense of Congress that their children are taught by teachers who earn a minimum salary of $60,000 per year.Submitted
      27Version 1Wilson (FL)DemocratAdds to parental rights a sense of Congress that their children are taught by diverse teachers and adds a grant program to facilitate training and recruitment.Submitted
      28Version 1Omar (MN)DemocratAdds a sense of Congress that students should have access to healthy meals at school.Submitted
      29Version 1Omar (MN)DemocratCreates a rule of construction that the bill shall not be construed to permit or encourage a local educational agency or school to require any student to provide reproductive or sexual health information, including information regarding the student’s menstrual cycle.Submitted
      30Version 1Wilson (FL)DemocratRevises the Parents Bill of Rights to ensure that elementary and secondary school students have opportunities to learn factually accurate history, including the history of the Holocaust and anti-Semitism.Submitted
      31Version 1Wasserman Schultz (FL), Garcia, Robert (CA), Schakowsky (IL)DemocratStrikes provisions that require students to obtain parental consent before pronoun, preferred name, and gendered facility accommodations can be fulfilled. Provides rule of construction that nothing in this bill may be construed to require a school official to disclose a student's sexual orientation or gender identity to the student's parents.Submitted
      32Version 1Jacobs (CA)DemocratAdds a sense of Congress to include it is of the upmost importance that disabled parents and guardians have access to all LEA buildings and distributed communications.Submitted
      33Version 1Jacobs (CA)DemocratAdds a sense of Congress that LEAs should be welcoming and inclusive places for LGBTQIA+ parents and guardians.Submitted
      34Version 1Jacobs (CA)DemocratAdds a sense of Congress that LEAs should be welcoming and inclusive places for Black and other racial minority parents and guardians.Submitted
      35Version 1Payne, Jr. (NJ)DemocratStrikes the provision that requires schools to out trans students without their consent.Submitted
      36Version 2McCormick (GA)RepublicanRevised Establishes that parents will be granted the opportunity to address their school board regarding a complaint about a violation of parental rights.Made in Order
      37Version 1Garbarino (NY), D'Esposito (NY)RepublicanProvides that nothing in this Act, or the amendments made by this Act, should be construed as authorizing or granting parents the ability to deny any student who is not their own child from accessing any books or other reading materials otherwise available in the library of their child’s school.Made in Order
      38Version 1Manning (NC)DemocratWithdrawn Renames the bill to the "Ban Book Act."Withdrawn
      39Version 1Lee (NV)DemocratExpresses Congress’s commitment to significantly increasing funding for our nation’s most vulnerable schools.Submitted
      40Version 2Bonamici (OR)DemocratSUBSTITUTE Revised Strikes line 1 and all that follows in H.R.5. Includes a findings section and sense of Congress regarding public education and rights that parents have access to in public schools. Includes titles creating a parent coordinator position in public schools, increasing the authorization level for Full-Service Community Schools, increasing the authorization level for Statewide Family Engagement Centers, and establishing rules of construction prohibiting the banning of books or certain curricular materials.Made in Order
      41Version 1Lee (NV)DemocratExpresses Congress’s commitment to expanding the Full-Service Community Schools program.Submitted
      42Version 1McCormick (GA)RepublicanEstablishes parents' right to be informed of non-curriculum-based initiatives and events, and allows parents to opt-in their children to such initiatives and events.Made in Order
      43Version 1Schiff (CA)DemocratProhibits the use of federal funds to be made available to any educational institution that requires students to provide information with respect to their menstrual cycle.Submitted
      44Version 1Hunt (TX)RepublicanRevises H.R.5 to add a provision including whether diversity, equity, and inclusion initiatives factor into a school's plan to eliminate gifted and talented programs.Made in Order
      45Version 3Foxx (NC)RepublicanMANAGER’S AMENDMENT Revised Amends H.R. 5 to align the list of rights school districts must provide notice of to actions school districts must take; amends a sense of Congress to express support for parents fundamental rights to direct the education of their children and that courts should use the strict scrutiny test to evaluate laws involving those rights.Made in Order
      46Version 2Boebert (CO)RepublicanRevised Amends Section 104 to include Parent's Right to Know if their child's school operates, sponsors, or facilitates athletic programs or activities to permit a person whose biological sex is male to participate in an athletic program or activity that is designated for women or girls.Made in Order
      47Version 2Boebert (CO)RepublicanRevised Amends Section 104 to include Parent's Right to Know if their child's school allows a person whose biological sex is male to use restrooms or changing rooms designated for women or girls.Made in Order
      48Version 1Boebert (CO)RepublicanProhibits the use of federal funds for research or publications concerning gender transitions in individuals under the age of 18.Submitted
      49Version 2Gottheimer (NJ)DemocratWithdrawn Prohibits the banning or censorship of any curriculum or instructional program relating to the Holocaust and slavery.Withdrawn
      50Version 1Correa (CA)DemocratLate Prohibit an educational agency or institution from requesting or disclosing information about a student’s immigration status.Submitted
      51Version 1Biggs (AZ)RepublicanLate Withdrawn Amends Title III of the bill to create a prohibition on federal employees involvement in curriculum and adds a penalty to any violation of that prohibition.Withdrawn
      52Version 2Bacon (NE)RepublicanLate Revised Requires Local Education Agencies (LEA) to provide the parents of a child who is a student in an elementary school or secondary school the number of school counselors in that school.Made in Order
      53Version 1Adams (NC)DemocratLate Requires employers to provide paid leave which the employee would use to cover eligible school parent teacher conferences.Submitted
      54Version 1Crane (AZ), Greene (GA)RepublicanLate Adds a private right of action for parents to hold schools accountable for not honoring the rights set forth in Title I and Title II of this bill.Made in Order
      55Version 1Green (TN)RepublicanLate Revises the bill to include the right to timely notice of any major cyberattack against their child’s school that may have compromised student or parent information.Made in Order
      56Version 1Davidson (OH)RepublicanLate Prohibits federal funds under Title I and Title II from going to a local educational agency unless they hold an open enrollment period.Made in Order
      57Version 1Roy (TX)RepublicanLate Allows Title I funds to follow the student to the school they attend (i.e., public, private, or home school). These funds may be used for educational and instructional materials, tutoring, tuition for private school, and extracurricular activities.Made in Order
      58Version 2Scholten (MI)DemocratLate Revised Expresses the sense of Congress that in order for parents and students to feel safe and supported, Congress should commit to providing robust and adequate school-based mental health services to students offered by trained behavioral health specialists such as school psychologists, school counselors, school social workers, and school nurses.Revised
      59Version 1Scholten (MI)DemocratLate Clarifies that none of the provisions in this bill shall override state laws intended to protect children who are victims of abuse.Submitted
      60Version 3Scholten (MI)DemocratLate Revised Nothing in this Act, or the amendments made by this Act, authorizes Federal funds to arm any person.Revised
      61Version 1Roy (TX)RepublicanLate Ensures all funds made available under the Elementary and Secondary Education Act of 1965 after the date of the enactment shall be consolidated and awarded to each State.Made in Order
      62Version 2Jackson Lee (TX)DemocratLate Revised Inserts additional provision to Section 104. Parents Right-to-Know to include parental notification of any proposed alteration to educational structures.Revised
      63Version 1Jackson Lee (TX)DemocratLate Adds additional provision to Section. 104 Parents Right-to-Know, to include notification rights of any educational impact resulting from alleged or adjudicated violation of Title VI of the Civil Rights Act of 1964.Submitted
      64Version 1Molinaro (NY)RepublicanLate This amendment ensures parents shall be informed of the right to bring a third-party advocate to meetings related to their child's individualized education program (disability plan).Submitted
      65Version 1Molinaro (NY)RepublicanLate This amendment ensures parents shall be informed of their child's right to access special education services.Submitted

      Committee Votes

      Rules Committee Record Vote No. 22

      Motion by Mr. McGovern to make in order amendment #16 to H.R. 5, offered by Representative Grijalva, which would prohibit the Act to be construed to allow the banning or censorship of books in public elementary or public secondary schools.  Defeated: 3-8

      Majority Member
      Vote
      Mr. Burgess
      Nay
      Mr. Reschenthaler
      Nay
      Mrs. Fischbach
      Nay
      Mr. Massie
      Nay
      Mr. Norman
      Nay
      Mr. Roy
      Nay
      Mrs. Houchin
      Nay
      Mr. Langworthy
      Nay
      Mr. Cole, Chairman
      Nay
      Minority Member
      Vote
      Mr. McGovern
      Yea
      Ms. Scanlon
      Yea
      Mr. Neguse
      Yea
      Ms. Leger Fernández
      No Vote
      Rules Committee Record Vote No. 23

      Motion by Mr. McGovern to make in order amendment #24 to H.R. 5, offered by Representative Landsman, which allows for individual school districts to opt-out of compliance with the Act in order to maintain local control.  Defeated: 3-9

      Majority Member
      Vote
      Mr. Burgess
      Nay
      Mr. Reschenthaler
      Nay
      Mrs. Fischbach
      Nay
      Mr. Massie
      Nay
      Mr. Norman
      Nay
      Mr. Roy
      Nay
      Mrs. Houchin
      Nay
      Mr. Langworthy
      Nay
      Mr. Cole, Chairman
      Nay
      Minority Member
      Vote
      Mr. McGovern
      Yea
      Ms. Scanlon
      Yea
      Mr. Neguse
      Yea
      Ms. Leger Fernández
      No Vote
      Rules Committee Record Vote No. 24

      Motion by Ms. Scanlon to make in order amendment #18 to H.R. 5, offered by Representative Frost, which would amend the Sense of Congress on First Amendment Rights to state that parents have a First Amendment right to express support for their children accessing best practice medical care.  Defeated: 3-9

      Majority Member
      Vote
      Mr. Burgess
      Nay
      Mr. Reschenthaler
      Nay
      Mrs. Fischbach
      Nay
      Mr. Massie
      Nay
      Mr. Norman
      Nay
      Mr. Roy
      Nay
      Mrs. Houchin
      Nay
      Mr. Langworthy
      Nay
      Mr. Cole, Chairman
      Nay
      Minority Member
      Vote
      Mr. McGovern
      Yea
      Ms. Scanlon
      Yea
      Mr. Neguse
      Yea
      Ms. Leger Fernández
      No Vote
      Rules Committee Record Vote No. 25

      Motion by Mrs. Houchin to report the rule.  Adopted: 9-3

      Majority Member
      Vote
      Mr. Burgess
      Yea
      Mr. Reschenthaler
      Yea
      Mrs. Fischbach
      Yea
      Mr. Massie
      Yea
      Mr. Norman
      Yea
      Mr. Roy
      Yea
      Mrs. Houchin
      Yea
      Mr. Langworthy
      Yea
      Mr. Cole, Chairman
      Yea
      Minority Member
      Vote
      Mr. McGovern
      Nay
      Ms. Scanlon
      Nay
      Mr. Neguse
      Nay
      Ms. Leger Fernández
      No Vote